LAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The four appellants in this appeal (Criminal Appeal No. 631 of 2001) by special leave were tried by the Special Judge (Dacoity Affected Area), Mainpuri in Sessions Trial No. 216 of 1981 and by judgment and order dated 10th December, 1990 they were found guilty and convicted of the offences under Ss. 394 and 411, I.P.C. and sentenced to undergo rigorous imprisonment for seven years and three years respectively. On appeal, being Criminal Appeal No. 2240 of 1990, the High Court of Judicature at Allahabad affirmed their conviction under S. 394, I.P.C. but set aside their conviction and sentence under S. 411, I.P.C. since they had been found guilty and convicted of the principal offence under S. 394, I.P.C.

(2.) The State of Uttar Pradesh has also preferred special leave petition and Crl. M.P. No. 7792 of 2002 against the impugned judgment and order of the High Court acquitting the appellants of the charge under S. 411, I.P.C.

(3.) It may be noticed at the threshold that apart from the appellants one Ram Swaroop was also tried by the learned Special Judge charged of the offence under S. 120-B, I.P.C. Hukam Singh was additionally charged under S. 397, I.P.C. However, the trial Court found Ram Swaroop not guilty of the offence under S. 120-B, I.P.C. and also acquitted Hukam Singh of the charge under S. 397, I.P.C.